Cubist Pharmaceuticals, Inc. is pleased to provide you with this website and its content for general informational purposes. Please carefully read these Terms and Conditions relating to the use of our website. By using our website, you agree to these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, please do not use our website. We reserve the right to revise these Terms and Conditions or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms and Conditions that apply to your use of our website. If you violate any of these Terms or Conditions, your permission to use the materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the materials.
Use of Materials and Intellectual Property Rights
The entire contents of this website are subject to copyright protection. You may not copy the contents of this website other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Cubist. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Cubist, its affiliates or any third party. Cubist prohibits the use of any Cubist trademark, or any related graphic, as a "hot link" to any website unless approved by Cubist.
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Cubist, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Cubist actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Links to Third Party Sites
We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our website. We expressly disclaim any responsibility for the content of any third party sites linked to our website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our website.
Our website contains forward looking statements, including statements regarding Cubist's future financial performance and strategy. Statements contained on this website that are not historical fact may be forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, and such statements are subject to a variety of risks and uncertainties that could cause actual results to differ materially from those projected in these forward-looking statements. There are a number of important factors that could cause actual results to differ materially from those projected or suggested in any forward-looking statements made by Cubist. These factors include, but are not limited to: (i) the level of acceptance of Cubist's products, including CUBICIN, by physicians, patients, third-party payors, and the medical community generally; (ii) Cubist's ability to continue to develop, secure additional regulatory approvals for, and successfully market, its products, including CUBICIN; (iii) Cubist's expectations regarding our ability to continue to manufacture sufficient quantities of our products, including CUBICIN, in accordance with current Good Manufacturing Practices; (iv) commercialization of products that are competitive with our products, including products that are competitive with CUBICIN; (v) Cubist's ability to discover or in-license drug candidates; (vi) Cubist's ability to successfully develop drug candidates in its pipeline, including HepeX-B; (vii) Cubist's ability to successfully commercialize any product or technology developed by Cubist; (viii) Cubist's ability to establish and maintain successful manufacturing, sales and marketing, distribution, and development collaborations; (ix) legislative or regulatory changes adversely affecting Cubist or the biopharmaceutical industry; (x) Cubist's expectations regarding the future market demand and medical need for its products, including CUBICIN; (xi) Cubist's ability to protect its intellectual property and proprietary technologies; and (xii) Cubist's ability to finance its operations. Additional factors that could cause actual results to differ materially from those projected or suggested in any forward-looking statements are contained in Cubist's recent filings with the Securities and Exchange Commission, including those factors discussed under the caption "Risk Factors" in such filings. We caution you not to place substantial reliance on the forward-looking statements and we undertake no obligation to update or revise the statements.
You can review our filings with the U.S. Securities and Exchange Commission by linking directly to the SEC's Electronic Data Gathering, Analysis and Retrieval system, which is known as EDGAR. We have provided links to EDGAR for informational purposes only, and not for trading or investment purposes. We do not guarantee the sequence, accuracy or completeness of any information or data displayed through EDGAR.
The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Such statements are valid on the date on which they are made, and we do not assume any duty of disclosure and expressly disclaim any duty to update information set forth in our filings with the SEC. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.
Disclaimers of Warranty, Liability, and Consequential Damages
This website and the materials are intended for educational purposes only. They are not a substitute for actual medical care. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.
In an effort to assist patients in identifying medical resources, we have contracted with certain health care institutions that consider themselves to have expertise in the research, diagnosis and treatment of particular diseases or health conditions. These third parties may be mentioned on this website and this website may provide a link to those third party websites.
Cubist makes no warranties or representations, and expressly disclaims any responsibility for, the information or treatment that you may receive from any listed health care provider.
With respect to prescription drugs and other medications and therapies, the doctor prescribing such drug is advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range. The materials do not constitute medical advice and website users are urged to consult their doctors with any drug or health related questions they may have.
The materials may contain inaccuracies or typographical errors. Cubist makes no representations about the accuracy, reliability, completeness, or timeliness of the materials or about the results to be obtained from using this website or the materials. Although we make a good faith effort to update the materials periodically, we do not have any duty to update the materials, and we will not be liable for any failure to update such materials. Your use of the website and the materials is at your own risk. Changes can and will be made to the website and materials and at any time.
Cubist makes no claims that the materials are appropriate or may be downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Cubist does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website or the materials results in the need for servicing or replacing equipment or data, Cubist is not responsible for those costs.
The website and materials are provided on an ‘as is' basis without any express or implied warranties of any kind. Cubist and its suppliers, to the fullest extent permitted by law, disclaim all express and implied warranties, including the warranty of merchantability, non-infringement of third parties rights, and fitness for a particular purpose. Cubist and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the materials, services, software text, graphics, and links. In no event shall Cubist, its affiliates, suppliers, or any third parties mentioned at this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not Cubist is advised of the possibility of such damages. In no event shall Cubist's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
The order, purchase, and/or sale of any products from Cubist, its affiliates, and/or their suppliers are subject to the terms and conditions contained in the applicable purchase order or written agreement between the parties.
You agree to defend, indemnify, and hold harmless Cubist, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms and Conditions of Use. Cubist shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
As a user of this website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your state license number and your professional representation.
Void Where Prohibited
This website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this WEBSITE is accessible to users outside of the U.S., the information on the WEBSITE pertaining to Cubist products and services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. This site links to other sites produced by Cubist's various operating divisions and subsidiaries, some of which are outside the U.S. Those sites may have information that is appropriate only to that particular originating country. Cubist reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this website is void where prohibited.
Choice of Law and Jurisdiction
Our website is operated from our offices in the Commonwealth of Massachusetts, U.S.A. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the state courts of and federal courts in the Commonwealth of Massachusetts and all parties consent to such jurisdiction and waive any objection to the personal jurisdiction of and venue in such courts.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions of Use shall remain in full force and effect. Any provision of these Terms and Conditions of Use held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
These Terms and Conditions of Use represent the entire agreement between you and Cubist relating to the subject matter herein and shall not be modified except by Cubist as provided herein or through a written document signed by both parties.
These Terms and Conditions were last updated: 6/15/05
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